Legal Technocalities
Legal Technocalities Podcast
Ep.4: Neurotechnology and the Criminal Law with Dr. Allan McCay
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Ep.4: Neurotechnology and the Criminal Law with Dr. Allan McCay

Brain-controlled drone races, lie detection and...Zoom? What actually is neurotechnology and how could it be used in sentencing and criminal law more generally?

Summary

Our conversation starts with an explanation of what neurotechnology actually is. Allan explains that it is a broad term that refers to technologies that monitor or stimulate the brain or nervous system, best understood by reference to examples. These include everything from cochlear implants, to deep brain stimulation for Parkinson's, and brain computer interfaces to Zoom. These technologies have various applications, from helping people with disabilities regain control over their bodies to applications potentially more dystopian, such as as lie detectors. The use of neurotechnology in sentencing raises ethical questions about individualized justice, privacy, and consent. Allan runs us through some interesting examples relating to sentencing and rehabilitation of offenders. We end with the emphasis on the importance of considering both the potential benefits and risks of neurotechnology in order to make informed decisions.

Key Takeaways:

  • Defining neurotechnology is a nebulous task, and how we define it depends on how broadly we conceptualise of technology with an impact on the brain.

  • There are broad reaching human rights implications that come in tandem with the use of neurotechnology, such as privacy and consent.

  • There are interesting philosophical issues surrounding the use of neurotechnology, such as the impact of theories surrounding free will and the nature punishment.

  • There are some uses of neurotechnology in the courtroom already, especially in sentencing, but it is likely to increase.

  • You can currently participate in a brain controlled drone race.

Find out more about Allan:

Personal Website

University Profile

Discussion about this podcast

Legal Technocalities
Legal Technocalities Podcast
news about the interaction between law and technology, especially concerning how the law can and should respond to developing technologies in the fields of artificial intelligence, neuroscience and bioethics on a national and international level.